Taking Time Seriously: The Federal Constitutional Right to be Free from 'Startling' State Court Overrulings
50 Pages Posted: 22 Mar 2010 Last revised: 5 Feb 2013
Date Written: March 20, 2010
This article proposes that when state courts overrule established state common law property doctrines, such courts should concurrently make three distinct determinations: (1) the substantive decision to overrule established law; (2) the temporal decision to identify those transactions to which the changed rules apply; and (3) the remedial decision to provide remedies - such as damages, injunctive relief, and/or a period to amortize investments - to those deprived of their reasonable expectations.
Keywords: overrulings, startling, retroactive, takings, just compensation clause, due process clause, contract clause
JEL Classification: D61,D63,D72,D78,D81,D82,D84,D91,D92,E13,E22,E61,E62,G14,H21,H53,H72,K11,K12,K41
Suggested Citation: Suggested Citation